SRC-LBB S.B. 1679 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1679
78R6952 MTB-DBy: Gallegos
Infrastructure Development and Security
4/24/2003
As Filed


DIGEST AND PURPOSE 

According to the Federal Motor Carrier Safety Administration, 5,307
Americans died and an estimated 145,000 were injured in traffic accidents
involving large trucks in the year 2000. Texas had the largest number of
truck driver highway fatalities in 1998, according to the U.S. Bureau of
Labor Statistics.  As proposed, S.B. 1679 provides a number of safety
measures relating to the driving record of the holder of a commercial
driver's license and the operation of commercial motor vehicles and
creates an offense. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter F, Chapter 522, Transportation Code, by
adding Section 522.0615, as follows: 

Sec. 522.0615.  DUTY OF EMPLOYER. Requires, every six months during the
person's employment, an employer of a person who holds or is required to
hold a commercial driver's license under this chapter to obtain certain
information relating to the person. 

SECTION 2.  Amends Section 522.064, Transportation Code, by adding
Subsection (d) to provide that a person commits an offense if the person
fails to provide the information required under Subsection (a) or (b) or
provides false information under Subsection (a) or (b).  Provides that an
offense under this subsection is a Class C misdemeanor. 

SECTION 3.  Amends Section 522.081(b), Transportation Code, to provide
that a person is disqualified from driving a commercial motor vehicle for
three years, rather than one year, on first conviction of certain
offenses. 

SECTION 4.  Amends Section 730.005, Transportation Code, as follows:

Sec. 730.005.  REQUIRED DISCLOSURE.  (a)  Creates this subsection from
existing text. 

(b)  Requires personal information obtained by an agency in connection
with a motor vehicle record to be disclosed to any requestor by an agency
if the requestor provides the requestor's name and address and any proof
of that information required by the agency and represents that the use of
the personal information will be strictly limited to use by an employer or
an agent or insurer of the employer to obtain or verify information
relating to a holder of a commercial driver's license that is required
under federal law. 

SECTION 5.  Amends Section 730.007(a), Transportation Code, to delete
Subdivision (I) relating to use by an employer or an agent or insurer of
the employer to obtain or verify information relating to a holder of a
commercial driver's license that is required under 49 U.S.C. Chapter 313.
Reletters subsequent subdivisions accordingly. 
 
SECTION 6.  Amends Section 12.51, Penal Code, by amending Subsections (b)
and (c) and adding Subsection (f), as follows: 

 (b)  Authorizes a court to sentence a corporation or association that is
adjudged guilty of  an offense that  provides a penalty including
imprisonment, or that provides no specific 
  penalty, to pay a certain fine in an amount fixed by the court.

 (c)  Makes a conforming change.

 (f)  Defines "commercial motor vehicle."

SECTION 7.  (a)  Effective date:  September 1, 2003.

            (b)  Makes application of this Act prospective.